If you are getting divorced, you may have a lot of questions about how your financial rights will be affected. For instance, you may wonder how long you have to be married in order to get alimony, and how much alimony you may be entitled to. In Florida, length of marriage is just one factor that may impact whether alimony is awarded and the amount and type of spousal support ordered.
There are many types, or classifications, of alimony in Florida. Although Florida does not require a specific minimum length of marriage for all types of alimony, the duration of a marriage can affect eligibility for certain forms of alimony and the maximum length of time that payments may continue. Under Florida law, durational alimony can’t be awarded for marriages lasting less than three years, while other forms of alimony may be available for shorter marriages if a court decides that an order of spousal support is appropriate.
At Luhrsen Goldberg, we help individuals understand their rights and responsibilities during divorce, including whether spousal support may be appropriate based on the facts of their case. We offer practical legal guidance to clients so that they can make more informed decisions about how to move forward in their case. Reach out to our law offices to talk to a Florida alimony attorney about your case.
Is There a Minimum Marriage Length to Receive Alimony in Florida?
Florida does not set a minimum marriage duration that applies to all types of alimony awards in Florida. Instead, a spouse requesting alimony must demonstrate a genuine financial need and the other spouse must have the ability to pay.
If a court determines that a spouse is entitled to alimony, then the length of the marriage will be a factor in the type and duration of alimony. However, it does not automatically determine whether alimony will be awarded.
A spouse leaving a relatively short-term marriage may qualify for limited alimony in certain situations. A spouse divorcing after a long-term marriage may have a stronger basis for requesting extended financial assistance, but a spousal support award is never automatic simply because a marriage lasted a certain number of years.
Florida law classifies marriages into three categories for alimony purposes:
| Marriage Duration | Legal Classification |
|---|---|
| Less than 10 years | Short-term marriage |
| 10 years to less than 20 years | Moderate-term marriage |
| 20 years or longer | Long-term marriage |
The marriage length is generally measured from the date of the wedding until the date that a divorce action is filed, rather than the date that spouses separate or the divorce is finalized. If you have a question about how your marriage will be classified, our Florida divorce lawyers can offer advice.
How Marriage Length Affects Different Types of Alimony
Florida recognizes temporary, bridge-the-gap, rehabilitative, and durational alimony. Each type of alimony serves a different purpose, and the length of the marriage affects some types of spousal support more directly than others.
- Temporary Alimony: Temporary alimony may be available while a divorce case is pending. It can help a financially dependent spouse (such as a stay-at-home parent) meet reasonable expenses during the legal process. There is no specific minimum marriage duration required for temporary alimony. The court considers whether the requesting spouse needs financial support and whether the other spouse can pay. Temporary support typically ends when the divorce is resolved or when the order otherwise terminates.
- Bridge-the-Gap Alimony: Bridge-the-gap alimony helps a spouse transition from married life to single life by covering legitimate, identifiable short-term needs. These expenses might include housing, transportation, or other costs associated with establishing an independent household. This type of alimony does not require a specific marriage duration. However, the requesting spouse must establish a need for support and the other spouse’s ability to pay. Bridge-the-gap alimony cannot last longer than 2 years. It isn’t modifiable in amount or duration. It automatically terminates upon the death of either spouse or the recipient’s remarriage.
- Rehabilitative Alimony: Rehabilitative alimony may help a spouse become financially self-supporting through education, professional training, or the redevelopment of existing employment skills. For example, a spouse who left the workforce to raise children or support the other spouse’s career might need time to obtain current qualifications or pursue employment. The court must have a specific, defined rehabilitative plan before awarding this form of support. There is no minimum marriage duration for rehabilitative alimony. However, the circumstances of the marriage, the proposed plan, and the financial evidence all play a role in whether this type of alimony is awarded. An award of rehabilitative alimony cannot exceed 5 years, but it can be modified or terminated in some circumstances.
- Durational Alimony: Durational alimony provides financial assistance for a set period of time after divorce. Unlike more temporary forms of support, it is intended to continue for a defined period after a marriage ends. Florida law prohibits an award of durational alimony for a marriage that lasted less than 3 years. For marriages over 3 years, the maximum duration of a durational alimony award is based on the length of the marriage:
| Marriage Classification | Maximum Durational Alimony Period |
|---|---|
| Short-term (less than 10 years) | 50% of the marriage’s duration |
| Moderate-term (10 to less than 20 years) | 60% of the marriage’s duration |
| Long-term (20 years or longer) | 75% of the marriage’s duration |
Keep in mind that these percentages are maximum limits, not guaranteed award lengths. The court may order a shorter period based on the facts of the case. Extensions of durational alimony beyond the statutory maximums are only permitted in exceptional circumstances.
For example, consider a couple who divorces after 8 years of marriage. If the court awards durational alimony, the ordinary maximum duration would be 4 years (50% of the length of the marriage). A couple who divorces after 15 years of marriage would have a maximum limit of 9 years (60% of the marriage length). These examples show how the statutory limits work, but a judge might award something different based on the facts of the case.
Florida law also limits the amount of durational alimony. Generally, it cannot exceed the lesser of the recipient’s reasonable need or 35% of the difference between the parties’ net incomes. The court must evaluate the evidence and statutory requirements before determining an appropriate award. If you have questions about whether durational alimony may be awarded in your case, our Florida alimony lawyers can answer your questions.
What Other Factors Affect Eligibility for Alimony?
Marriage length is just one factor that can affect alimony. Before deciding whether to award alimony and what form it should take, a Florida court must determine whether the requesting spouse has an actual financial need and whether the other spouse has the ability to pay.
Once a court decides that alimony is appropriate, it will consider other factors when deciding the type, amount, and duration of the award:
- The length of the marriage, as described above
- The marital standard of living: The lifestyle established during the marriage and each spouse’s anticipated needs after divorce
- Income and financial resources: Each spouse’s earnings, investments, assets, and other available resources
- Earning capacity: Education, work history, vocational skills, employability, and the ability to become self-supporting
- Age and health: Physical, mental, and emotional conditions that may affect employment or financial independence
- Contributions to the marriage: Including homemaking, childcare, and support for the other spouse’s education or career
- Parenting responsibilities: This factor is particularly important when one spouse is caring for a child with a medical or mental health condition that affects a parent’s ability to work
A full consideration of the circumstances will guide the court as it decides on an alimony award.
Can You Receive Spousal Support After a Short Marriage?
A spouse can potentially receive alimony for a relatively short marriage. A marriage that lasted just a few years does not automatically eliminate the possibility of alimony. Temporary, bridge-the-gap, or rehabilitative alimony may be available in certain circumstances.
However, courts will evaluate the facts and circumstances of a marriage carefully. A spouse seeking support after a brief marriage will need to demonstrate why financial assistance is necessary, what the other spouse can reasonably afford, and how the requested support fits the purpose of a particular type of alimony.
For example, a spouse who gave up employment to relocate for a partner’s career might have a stronger case compared to someone who maintained independent employment and finances throughout a short marriage. While neither situation guarantees an award of alimony, the first example may be a situation where the facts of a marriage can impact whether alimony is awarded in a short marriage.
Does a Long Marriage Guarantee Alimony in Florida?
Just because you were married to someone for a long time does not mean that you will automatically get or be required to pay spousal support. The requesting spouse must still establish financial need and the other spouse’s ability to pay.
A spouse who has been married for 25 or 30 years may have a stronger basis for requesting support compared to one who was married for 3 or 4 years. This is particularly true in cases where the requesting spouse may have left the workforce or changed their career trajectory to support their ex. The court must still evaluate income, assets, earning capacity, health, and other relevant circumstances before reaching a decision on alimony.
How Luhrsen Goldberg Can Help with Your Florida Alimony Questions
If you are considering divorce, the length of your marriage is an important starting point for understanding potential alimony rights. But the outcome of a request for alimony will depend on more than just the number of years you have been married. An experienced Florida family law attorney can review your financial circumstances, explain the available forms of alimony, help organize the necessary financial documentation, and advocate for you in negotiations or before the court.
At Luhrsen Goldberg, we understand that financial uncertainty can make divorce especially stressful. We work with clients to help them develop a legal strategy that is appropriate for their circumstances and helps them meet their goals in a Florida divorce. Contact our law firm today at 941-265-1513 or fill out our online contact form to schedule a free evaluation with our Florida alimony attorneys.